[accmemberdiscussion] Re: Shelby County Information
- From: Djsdosido@xxxxxxx
- To: accmemberdiscussion@xxxxxxxxxxxxx, members@xxxxxxxxxxxxxxxx
- Date: Tue, 17 Aug 2010 11:28:07 EDT
It looks like the staff of the Dept. of Development Svcs was charged with
coming up with these definitions, found some (probably from other town/city
ordinances & laws) and thought they would work for Shelby County. They've
now sent these to the Planning Commission which is now going to recommend
adoption of these definitions to the County Commission.
The recommendation of the Planning Commission says, "Definitions establish
the precise meaning of a word or phrase that otherwise may be subject to
differing interpretations. These precise meanings are provided to eliminate
ambiguity and vagueness. The definitions in the regulations are designed
to focus on the essential elements of a word or phrase and clearly mark off
and limit its application or interpretation." These definitions do
nothing to "eliminate ambiguity or vagueness".
A commercial or a non-commercial kennel is defined here as (emphasis
added):
" any combination of structures, pens, areas or enclosures, covered or
uncovered" . (I believe that's pretty ambiguous and vague.)
A commercial kennel is defined as "5 or more dogs, cats or other domestic
animals" (what other "domestic animals"? Chickens? Goats? Rabbits? Many
other domestic animals fall under the designation of "livestock" which has
its own set of regulations) are kept for the purpose of boarding,
breeding, raising, grooming or training for sale, compensation or any other
commercial purpose"..... So, if I have 2 dogs and 3 cats and I have 2 igloo
dog
houses in my backyard and I breed ONE LITTER of puppies and sell them from
my home, I am now a "commercial breeder"?
The only difference between the commercial and non-commercial designation
is the number of animals and whether I sell ANY animals. This is the
"unintended consequence" of these definitions and they are directly punitive
and
restrictive to hobby dog/cat breeders. Does this mean that as a
"non-commercial kennel", by this definition, I can have 3 animals, breed them
all I
want to and not be considered "commercial" if I give them away.?
If I am a "commercial kennel", what does that mean? Is there a license I
will have to have? Fees of some kind? If I live in a neighborhood, will I
have to move or get rid of my animals? Will there or can there be a
"grandfather clause" added? Can there be a "hobby breeder" category? As it
stands now, you jump directly from "pet owner" to "commercial breeder"
primarily by virtue of selling one animal. If I have 6 adult dogs and I want
to
place two of them and receive remuneration for them, am I now a "commercial
kennel"?
On the surface, it seems to me that they are attempting to control nuisance
issues like barking and roaming/loose dogs with a pet limit set through a
zoning ordinance. But I don't know that for sure and it can't be really
determined until somebody asks a person in authority who would have that
information. What do they expect these definitions to accomplish? What do
they want to have happen if these definitions are adopted?
I have searched for any kind of official definition or position statement
from the AKC and the NAIA about "commercial kennel" vs. "non-commercial
kennel". I can find nothing like that. There are also no position-type
statements regarding "zoning" per se that I can find, but there are ones on
pet
limits (and its relationship to zoning restrictions). Talking points
against pet limits laws can be found on the ACC web site
(_www.alabamacaninecoalition.org_ (http://www.alabamacaninecoalition.org) ) on
our home page under
"Resources".
In the NAIA materials that Baba sent to Damon the other day is the
following that might be helpful for anyone planning on talking to their
commissioner (who will vote on these definitions) or someone in the Planning
Dept.
(which is making the recommendations to adopt the definitions):
"Number limits are commonly found in both zoning and animal control
ordinances, but they are ineffective at best and counterproductive at worst
because they:
* cause animal control agencies to lose potential license fees because
pet owners with multiple pets avoid licensing altogether for fear of being
found in noncompliance;
* are difficult to enforce;
* create bureaucratic snarls between governmental agencies when animal
control officers are required to enforce zoning laws; many of which are
generated by unresearched local planning office opinions;
* are vulnerable to court challenge;
* are used to harass neighbors;
* ignore the ability of responsible owners to keep more than X-number of
pets without causing a nuisance;
* increase the number of pets entering shelters by prohibiting families
from adding a pet they can easily care for; and
* lead to disrespect for the law and a willingness to violate it.
Number limits are often cited as a means to prevent the hoarding of more
pets than can be properly housed and cared for, but this problem is better
solved by strict enforcement of animal control and nuisance laws that require
proper confinement and noise abatement, by health regulations that govern
odor and waste, and by cruelty laws that protect animal welfare..
NAIA study shows that it is far better to prosecute actual nuisances and
dangers than it is to penalize the universal possibility of a nuisance or a
danger. Therefore NAIA supports nuisance laws and dangerous dog laws that
clearly describe dog and owner behaviors that constitute nuisances and
public dangers. We have learned that pet number limits and breed specific
restrictions simply do not work. They are difficult to enforce and create
animosity among responsible owners who become criminals as a result of poorly
defined terms and arbitrary laws."
I hope that some of these points will help our Shelby Country responsible
owners and breeders to talk to their commissioners and educate them on how
and why these definitions will hurt them if adopted. There is a month
before the vote will be taken to let your elected officials know how you feel
and why you feel that way. Waiting till the night of the meeting to air
these points will only alienate the people you want on your side because they
will feel "blindsided" by all this new information they've never heard
before. I know from experience that they don't like that. <G>
I will be out of town from Thursday through Monday. But Baba will be
available if needed. If there is anything else I can do, I will certainly try.
Donna & the Dosido Gang
Remlap, Alabama
Visit me at _www.doublenickellife.blogspot.com_
(http://www.doublenickellife.blogspot.com/) and help support the Alabama
Canine Coalition by
shopping/searching through _http://www.goodsearch.com_
(http://www.goodsearch.com/)
and _http://www.igive.com_ (http://www.igive.com/)
Every year of dog love is worth seven years of the human stuff. (Michael
Rosen)
In a message dated 8/16/2010 3:11:16 P.M. Central Daylight Time,
Jdfolmar@xxxxxxx writes:
I received the following from the Shelby County Development Office today.
REPORT TO THE SHELBY COUNTY PLANNING COMMISSION
From the Department of Development Services
Planning Services
August 2, 2010
Case No. ZAM01-05
Proposed Amendment to the Definitions of the Zoning Ordinance
In June of 2005 at the direction of the Planning Commission, staff
researched regulations pertaining to kennels and the keeping of dogs and cats.
This research led to the proposed amendment of the A-R, A-1 and the B-2
zoning regulations to provide increased oversight of this use. A public
hearing was held on June 20, 2005. Based upon the testimony presented by all
those who wished to speak, the Commission did not feel compelled to amend the
zoning regulations regarding kennels and the keeping of dogs and cats at
that time. The case was Tabled.
The issue of “kennels” and the keeping of dogs is a topic that arises
from time to time as the subject of citizen’s complaints. When these
complaints are received, Development Services mobilizes the enforcement staff
to
review the situation on site. Typically, however, the issue is not resolved
because of the inability of staff to identify a violation of the Zoning
Regulations.
Article IV, Definitions of the Zoning Regulations of Shelby County,
provides the specific meaning of words and phrases used when interpreting or
administering the regulations therein. The Definitions of the Zoning
Regulations are currently silent for the word “kennel.“
Despite the absence of a definition, “Kennel” appears three times in the
Zoning Regulations. It first appears as a permitted use in the A-1,
Agricultural District:
(3) Kennels provided that open pens or runs are located not
less than 75 feet from any lot line.
The second use of the word is in the B-2, General Business District to
qualify a use:
(4) Hospital or clinic for animals, but not including open
kennels.
Finally, it is used in the M-1, Light Industrial District to identify a
permitted use:
(5) Animal hospital or clinic including open kennels.
Staff has reviewed professional materials and other ordinances and has
discussed the issue with the County Attorney. Based on staff research and a
comprehensive review of several different issues that have been brought to
the Department’s attention by citizens in recent months and years, staff
suggests the addition of the following definitions to Article IV of the
Zoning Regulations.
Kennel (commercial)
For the purpose of this Ordinance, a Kennel (commercial) will be
considered as any combination of structures, pens, areas or enclosures,
covered or
uncovered, where five or more dogs, cats or other domestic animals are kept
for the purpose of boarding, breeding, raising, grooming or training for
sale, compensation or any other commercial purpose. A Kennel (commercial)
may be located in a rear yard and shall be located no less than 75 feet from
any side or rear property line.
Kennel (non-commercial)
For the purpose of this Ordinance, a Kennel (non-commercial) will be
considered as any combination of structures, pens, areas or enclosures,
covered
or uncovered, where four or more dogs, cats or other domestic animals over
six months of age are kept for the purpose of boarding, breeding, raising,
grooming or training for personal/non-commercial enjoyment. A Kennel
(non-commercial) may be located in a rear yard but must meet the zoning
setback
requirements for the applicable zone district.
RECOMENDATION.
The administration of the Zoning Regulations is based upon the
interpretation of the words and phrases used in the regulations. Definitions
establish the precise meaning of a word or phrase that otherwise may be
subject to
differing interpretations. These precise meanings are provided to
eliminate ambiguity and vagueness. The definitions in the regulations are
designed to focus on the essential elements of a word or phrase and clearly
mark
off and limit its application or interpretation. It is recommended that a
public hearing be properly advertised in a newspaper of general
circulation to consider the amendment of Article IV. Definitions of the Zoning
Regulations of Shelby County, Alabama to include the following text:
Article IV. Definitions.
Kennel (commercial)
For the purpose of this Ordinance, a Kennel (commercial) will be
considered as any combination of structures, pens, areas or enclosures,
covered or
uncovered, where five or more dogs, cats or other domestic animals are kept
for the purpose of boarding, breeding, raising, grooming or training for
sale, compensation or any other commercial purpose. A Kennel (commercial)
may be located in a rear yard and shall be located no less than 75 feet from
any side or rear property line.
Kennel (non-commercial)
For the purpose of this Ordinance, a Kennel (non-commercial) will be
considered as any combination of structures, pens, areas or enclosures,
covered
or uncovered, where four or more dogs, cats or other domestic animals over
six months of age are kept for the purpose of boarding, breeding, raising,
grooming or training for personal/non-commercial enjoyment. A Kennel
(non-commercial) may be located in a rear yard but must meet the zoning
setback
requirements for the applicable zone district.
"There is no power on earth that can neutralize the
influence of a high, simple and useful life."--Booker T. Washington
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